VA denied my mental health claim but made favorable findings that seem contradictory — HLR worth it?
Looking for some insight because this decision has me pretty frustrated.
I filed for adjustment disorder secondary to my service-connected left shoulder (labral tear + scars). Should be noted that I am currently being cared for by the VHA for this exact thing and it’s well documented and diagnosed.
Here’s what the VA conceded in the decision:
- I have a diagnosed condition (depressive disorder/anxiety)
- The condition is listed as “due to another medical condition”
- My shoulder is service-connected
But then they still denied service connection, saying there’s no link to my shoulder.
Timeline:
- April 3 → In-person C&P exam (mental health DBQ)
- April 21 → ACE exam (records-only)
- Denial seems to rely on the ACE exam
Also important:
- I have a pending PTSD supplemental claim from a separate incident
My confusion:
- If they’re saying my condition is due to “another medical condition,” and my only other medical condition is my shoulder, which is already service-connected… How is that not enough for secondary service connection?
- Why would they use an ACE exam to override a full in-person mental health C&P?
- Could the pending PTSD claim be the reason they denied instead of granting or deferring?
At this point I’m considering a Higher-Level Review, arguing:
- Internal contradiction in favorable findings vs denial
- Improper reliance on ACE exam
- Failure to properly consider secondary service connection
Questions:
- Is this a strong HLR case or am I missing something?
- Is this more likely to get granted or kicked back for another exam?
- Should I skip HLR and just go straight to a supplemental with a nexus letter?
Appreciate any insight—this process is exhausting.